AMARESHWAR SAHAY, J. - (1.) This review petition has been filed by the petitioner for review of the order dated 18/06/2003 allowing the letters patent appeal and setting aside the decision of the learned Single Judge passed in C.W.J.C. No. 1719 of 1995 (R) on 31/10/2002 whereby the writ application was dismissed.
(2.) THE facts in short are that the concerned workman namely, Dashrath Dusadh, who was an employee of Bharat Coking Coal Limited, was charged for committing gross misconduct by taking active part in assault of Sri A.K. Tulli, Area Manager (Technical) and his wife on 1st December 1981 near his Bungalow and, since thereafter, he absconded without any information or leave. A domestic enquiry was conducted against the concerned workman and after an enquiry, the concerned workman was dismissed from service having found the charges against him to be proved. An industrial dispute was raised and was referred for adjudication before the Tribunal. The reference reads as follows: Whether the action of the management of Loyabad Colliery of M/s Bharat Coking Coal Limited in dismissing Sri Daahrath Dusadh, Mechuiiicul Filter Holder, aides their letter No. 23/21 dated 12/06/1982 is justified? If not, what relief the concerned workman is entitled to?
(3.) THE Industrial Tribunal by an award dated 22/08/1994 held that the action of the Management in dismissing the concerned workman was not justified and, consequently, the Tribunal directed the Management to reinstate the concerned workman and to pay 40% of the back wages w.e.f. 08/09/ 1989.;